State of J & K & Ors. Vs. M/s Sudhir & Co., Jammu & Ors.
EmailAppeal: Civil Appeal No. 3405 of 1987.
Petitioner: State of J & K & Ors.
Respondent: M/s Sudhir & Co., Jammu & Ors.
Apeal: Civil Appeal No. 3405 of 1987.
Judges: M.P.THAKKAR & MURARI MOHON DUTT,JJ.
Date of Judgment: Jan 08, 1988
Head Note:
PRACTICE AND PROCEDURE
Contempt proceedings initiated for alleged violation of the interim order passed by the Single Judge – Interim order in question subjected to LPA to the Division Bench – Contempt proceedings stayed till the final disposal of LPA.
JUDGEMENT:
O R D E R
1. This appeal is directed against an order passed in the course of contempt proceedings initiated against the Officers of the appellant-state on the ground of alleged violation of an interim order passed by the learned Single Judge of the High Court in C.M.P. NO. 892/87 on 12.8.1987. The interim order in question has been subjected to an LPA appeal to the Division Bench of the same High Court. The Division Bench has passed an interim order in the course of the said LPA appeal. It is not disputed that the appellants are bound to abide by the said interim order passed by the Division Bench in C.M.P. (LPA Writ ) Nos. 1903 & 1749/87 dated 3rd November, 1987 and will do so. So far as the contempt proceedings arising out of the alleged contempt in the context of the earlier interim order passed by the learned Single Judge are concerned, in the circumstances of the case we think that ends of justice would be served if the said contempt proceedings are stayed till the final disposal of the LPA appeals pending before the Division Bench. We direct accordingly. The present appeal stands disposed of in these terms with no order as to costs.
1. This appeal is directed against an order passed in the course of contempt proceedings initiated against the Officers of the appellant-state on the ground of alleged violation of an interim order passed by the learned Single Judge of the High Court in C.M.P. NO. 892/87 on 12.8.1987. The interim order in question has been subjected to an LPA appeal to the Division Bench of the same High Court. The Division Bench has passed an interim order in the course of the said LPA appeal. It is not disputed that the appellants are bound to abide by the said interim order passed by the Division Bench in C.M.P. (LPA Writ ) Nos. 1903 & 1749/87 dated 3rd November, 1987 and will do so. So far as the contempt proceedings arising out of the alleged contempt in the context of the earlier interim order passed by the learned Single Judge are concerned, in the circumstances of the case we think that ends of justice would be served if the said contempt proceedings are stayed till the final disposal of the LPA appeals pending before the Division Bench. We direct accordingly. The present appeal stands disposed of in these terms with no order as to costs.
